Subchapter A. PRELIMINARY PROVISIONS
Sec.
37.1. Definitions.
37.2. Air temperature.
37.3. Internal product temperature.
37.4. Scope.§ 37.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Accessible—Easily exposed for cleaning and inspection with the use of simple tools, such as those normally used by maintenance personnel.
Air temperature—The equilibrated temperature of the air environment in question.
Break-up room—Any area, or space within a warehouse, used primarily for the purpose of organizing cased frozen food into lots for individual consignment on route delivery.
Carrier—Any person, firm, or corporation, operating or offering to operate, a vehicle for the purpose of transporting frozen food.
Department—The Department of Agriculture of the Commonwealth.
Display case—Any case, cabinet or other facility used for displaying frozen food for sale.
Food product zone—Those surfaces with which food is normally in contact and those surfaces with which food may come in contact during processing, conveying, holding, refrigeration and packing, and which may drain onto product contact surfaces or into the product.
Freezing cycle—Lowering the internal product temperature of a food product to a temperature of 0°F or lower.
Frozen food—Any article used for food or drink by man or other animal which is all of the following:(1) Processed.
(2) Packaged and preserved by freezing in accordance with good commercial practices.
(3) Intended for sale in the frozen state.
Internal product temperature—The equilibrated product temperature of frozen food.
Operator—Any person, firm or corporation operating or maintaining a frozen food plant or warehouse for the purpose of commercially preparing or storing frozen food.
Readily (or easily) accessible—Easily exposed without the use of tools, for cleaning and inspection.
Readily removable—When a component part shall be capable of being separated from the principal part without the use of tools.
Ready to eat frozen food—A frozen food product which has been factory processed to the point at which it is ready for use as a food and may or may not require further heating before use.
Removable—When a component part shall be capable of being separated from the principal part with the use of simple tools, such as those normally used by maintenance personnel.
Retail outlet—Any building, room, or parts thereof, where the sale of frozen food is conducted to the ultimate consuming purchaser.
Route delivery—The transportation of frozen food, with frequent stops for partial unloading.
Sale—Any and every transaction including the dispensing, giving, delivering, serving, exposing, storing or any other possessing of frozen food wherein frozen food is subject to transfer to another person.
Secretary—The Secretary of Agriculture of the Department.
Storage room or facility—Any area or space within a warehouse used for the purpose of storing frozen food.
Transportation—The physical movement, or the acceptance for physical movement, of frozen food by a carrier.
Vehicle—Any van, truck, trailer, automobile, wagon, ship, barge, freight car, airplane or other means for transporting frozen food.
Warehouse—Any structure, room or part thereof, used for the purpose of storing commercially processed or manufactured frozen food.§ 37.2. Air temperature.
All frozen food shall be held at an air temperature of 0°F or lower, except for defrost cycles, loading and unloading or for other temporary conditions beyond the immediate control of the person under whose care or supervision the frozen food is held. Only those frozen foods destined for further processing or repackaging in smaller units shall be defrosted for such purposes. All such defrosting shall be in accordance with good sanitary precautions.
Cross References This section cited in 7 Pa. Code § 37.3 (relating to internal product temperature); 7 Pa. Code § 37.181 (relating to acceptance of shipments); and 7 Pa. Code § 37.211 (relating to acceptance of products).
§ 37.3. Internal product temperature.
(a) The internal product temperature of frozen food shall be maintained at 0°F or lower except when the product is subjected to the conditions provided in § 37.2 (relating to air temperature). When the frozen food is subjected to such conditions the internal product temperature shall not exceed 10°F, except during further processing. In all cases the product shall be returned to 0°F as quickly as possible.
(b) When an accurate determination of internal product temperature of any case of frozen food fails without having sacrificed the packaged frozen food, representative packages or units shall be opened to allow inserting of the sensing element to the approximate center of the packages in question.
(c) Internal product temperature of cases of consumer packages of frozen food shall be determined in the following manner:
(1) Open the top of the case and remove two corner packages.
(2) Punch a hole in the case from the inside. The stem of the thermometer shall not be used for punching. The hole shall be positioned so that when the thermometer stem is inserted from the outside it fits snugly between packages.
(3) The temperature may be read after 5 minutes.
(d) Thermometers or other temperature measuring devices shall have an accuracy of plus or minus 2°F.
Cross References This section cited in 7 Pa. Code § 37.181 (relating to acceptance of shipments); and 7 Pa. Code § 37.211 (relating to acceptance of products).
§ 37.4. Scope.
This chapter shall not apply to articles subject to the requirements of Chapter 39 (relating to frozen desserts standards).
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